Municipal Corporations Act.—1923. PART 1. (c) Any hospital, lunatic asylum, benevolent institution, or buildings used exclusively for charitable pur poses : (d) Any church, chapel, or buildings used exclusively for public worship : which has obtained an Act of Incorporation, if purposes of such institution : as a school, whether private or public : (9) Any land which under the provisions of the Recreation Grounds Taxation Exemption Act, 1910, is exempt from rating : Provided that, notwithstanding any provision to the contrary in any special or general Act, the exceptions mentioned in paragraphs (e) and (f) hereof shall not extend to lands and buildings, or parts of lands and buildings, used for the purposes of any school, college, or academical institution which charges fees for education or instruction : Provided that the rates payable in respect of any lands or buildings, or parts of lands or buildings, which but for the last preceding proviso would not be ratable property shall be onequarter of the rates that would be payable in respect of such lands or buildings, or parts of lands or buildings, if the same were fully ratable: Provided also that nothing in the last two preceding provisos contained shall affect the ratability or otherwise of lands belonging to or used for the purposes of the University of Adelaide. (2) so far as concerns any Municipality in which Division 573, 1893, s. 13. III. of Part XXIII. is in operation means and includes all 1183, 1914, s. 44. land, with all buildings and erections thereon, except 1517, 1922, s. 44. (a) land of the Crown which, for the time being, is not subject to any agreement for sale or right of pur chase or to any lease : (b) park lands, public roads, public cemeteries, and other public reserves : able purposes, or used by any Institute under the Art Gallery and Institutes Act, 1909 : tion Grounds Taxation Exemption Act, 1910, is exempt from rating : Provided that, notwithstanding any provision to the contrary in any special or general Act, the exception relating to land used solely for educational purposes in paragraph (c) hereof shall not extend to lands and buildings, or parts of PART 1. M.C. Act, 1890, s. 6. Ibid. lbid. Municipal Corporations Act.—-1923. any school, college, or academical institution which charges fees for education or instruction: Provided that the rates payable in respect of any lands or buildings, or parts of lands or buildings, which but for the last preceding proviso would not be ratable property shall be one-quarter of the rates that would be payable in respect of such lands or buildings, or parts of lands or buildings, if the same were fully ratable : Provided also that nothing in the last two preceding provisos contained shall affect the ratability or otherwise of lands belonging to or used for the purposes of the University of Adelaide : Division III. of Part XXIII. is not in operation, means occupied or not, within the Municipality : “Real Property_Acts” means the Real Property Act, 1886, the Real Property Amendment Act, 1887, the Real Property Amendment Act, 1893, and the Estates Tail Act, 1881 : “Roll of voters ” means the citizens' roll or other authorised list of persons entitled to vote, or assessment-book or copy thereof, as the case may be : “ Street” means and includes every public square, place, road, terrace, or thoroughfare, or any private street, subject to the provisions of this Act, and may be so used in any sum mons, information, or indictment: Surveyor means and includes the surveyor of every Muni cipality, and any officer of a Municipality performing similar duties, or duties by this Act or any by-laws of a Municipality directed to be performed by or imposed on the surveyor, by whatever name such officer may be called : Taxation Act means and includes the Taxation Acts, 1915 and 1917, and any Act or Acts amending the same or substituted therefor, and all regulations made under or by virtue of any such Act or Acts : The Lands Clauses Consolidation Acts” means and includes the Lands Clauses Consolidation Acts, 1847 to 1917 : “ Town Clerk” means and includes the Town Clerk of every Municipality, and any officer of a Municipality performing similar duties, by whatever name he may be called : Writing” and“ written ”includes“ printing” and“ printed” and vice versa. Documents required to be written may be partly printed, and documents required to be printed may be partly written. Ibid. Ibid. a 573, 1893, s. 13. M.C. Act, 1890, s. 6. Ibid. Ibid. PART Municipal Corporations Act.--1923. . CORPORATIONS : THEIR CREATION, ALTERATION, DIVISION 1.-CREATION OF NEW CORPORATIONS AND WARDS AND DIVISION I. 5. The Governor, on a petition, as hereinafter mentioned, may, Powers of Governor by Proclamation, from time to time, do any one or more of the top create new Muni- 1. He may constitute new Municipalities of land wholly within M. C. Act, 1890, or wholly without, or partly within and partly without, 6. 7. Municipality to be a Corporation under this Act : II. He may appoint the first Mayor and Auditors of a new Cor- poration, and the first two Councillors for each ward III. He may alter the boundaries of any Municipality, either by separating portion thereof from such Municipality and declaring that it shall no longer form part thereof, or by adding other land to such Municipality, and may form or divide any land so added into a ward or wards, or may join the land so added to any ward or wards iv. He may re-arrange the wards of a Municipality and increase or diminish the number of such wards, and alter the v. He may, when the number of wards in a Municipality is increased, appoint two Councillors for each new ward, who shall hold office until the next annual election of Councillors under this Act, and may, when the number 6. No new Municipality shall, after the commencement of this Limitation on Act, be constituted, unless the value of the ratable the proposed boundaries shall be sufficient to produce at least Ibid., 8. 8. Three Hundred Pounds per annum from the general rate authorised PART II. Municipal Corporations Act.—1923. (c) the names of the proposed first Mayor and Auditors ; (d) the names of the proposed first Councillors for each ward of such proposed Municipality; and (e) the boundaries of such proposed Municipality and wards respectively ; and II. be signed by not less than two-fifths of the ratepayers or owners of ratable property within the proposed Municipality. Contents of petition 8. Every petition for altering the boundaries of a Municipality shall 1. define the boundaries of the land proposed to be separated or added ; and II. be signed by not less than two-fifths of the ratepayers or owners of ratable property within the land proposed to be separated or added. Contents of petition 9. Every petition for re-arranging the wards of a Municipality I. define proposed to re-arrange the Municipality; which it is proposed to increase or diminish such Municipality; (c) the names of the first Councillors for any new ward to be created thereby ; (d) the names of any Councillors who should cease to hold office in consequence of any diminution in the number of wards; (e) the name of any ward which it is proposed to alter; and (f) the name proposed for such ward ; and 11. be signed by not less than one-fifth of the ratepayers of the Municipality. Petition to be pub- 10. Every such petition shall be published for three consecutive weeks in the Gazette. Cause may be shown 11. (1) Any person or persons may, by counter-petition or counterpetitions presented to the Governor within twenty-one days from the first publication of the original petition, show cause against any such petition, or any part thereof, being granted. (2) Such counter-petition or counter-petitions shall also be published for three consecutive weeks in the Gazette. (3) The Municipal Corporations Act.--1923. PART II. DIVISION 1. (3) The original petitioners shall have the right to reply thereto by petition in reply within twenty-one days from the first publication of such counter-petition, or of the last published of such counterpetitions if more than one. (4) Such petition in reply shall be forthwith published once in the Gazette. (5) No further petition or reply thereto shall be considered or published. (6) Publication of the substance and prayer of a petition or 1183, 1914, 8 6. counter-petition shall be deemed a sufficient publication of such petition or counter-petition for the purposes of this and the next preceding section. 12. (1) The Governor may by Proclamation grant the prayer Prayer of petition of the original petition, or any part thereof, with such alterations may be granted by or modifications as appear to him necessary or expedient. M.C. Act, 1890, s. 12. (2) Such Proclamation shall, if a counter-petition has been presented, issue not earlier than nine weeks from the first publication of the original petition, or, if there has been no counter-petition, not earlier than four weeks from such first publication. 13. From and after the publication of a Proclamation constituting Effect of Proclama tion constituting a new Corporation new Corporation. (a) the citizens of the Municipality therein defined shall be a Ibid., s. 13. Corporation under and subject to the provisions of this Act: be Mayor, Councillors, and Auditors respectively of such of this Act : therein defined shall constitute the boundaries of such Municipality and wards respectively. 14. From and after the publication of any Proclamation altering Effect of Proclamathe boundaries of any Municipality, or re-arranging, increasing, or boundaries, &c. tion altering diminishing the number, or altering the names of the wards of any Ibid., s. 14. Municipality, the boundaries of such Municipality, the number, names, and boundaries of the wards of such Municipality, and the Councillors appointed to hold or to cease to hold office as defined, declared, or named in such Proclamation, shall respectively be the boundaries of such Municipality, the number, names, and boundaries of such wards, and the Councillors holding office or ceasing to hold office, as therein mentioned. 15. (1) The Governor, on the petition of any Council may, by Governor may divide Proclamation, divide into wards any Municipality which has not wards. heretofore been divided. (2) The Ibid., s. 15. |
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